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(영문) 부산지방법원 2014.06.13 2014노397
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of three million won imposed by the court below on the defendant.

2. It is recognized that the judgment of the defendant recognizes the crime of this case and reflects the fact that the defendant is, as a conditional recipient of basic living security, is unable to obtain sufficient financial conditions, and must support his or her wife and children.

However, even though the Defendant did not have obtained a driver's license, the Defendant had been already punished five times since 2002 or more as the same crime, and in light of this, the Defendant appears to have been driving a motor vehicle from time to time before the crime of this case, and it is argued that the Defendant had been forced to drive the motor vehicle in this case to leave the hospital at the wind to appeal for a driver's license. However, it is difficult to say that the Defendant had to drive the motor vehicle inevitably at the time due to these circumstances, and it is difficult to deem that the Defendant had to drive the motor vehicle without a license inevitably. In full view of all other circumstances, considering the Defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, etc., and all other circumstances, which are conditions for sentencing as indicated in the records, such as the punishment of the lower

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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